Journals of the Legislative Assembly Territory of Utah Seventh Annual Session, 1857-1858 I

Utah Historical Quarterly

Vol. 24, 1056, Nos. 1-4

JOURNALS OF THE LEGISLATIVE ASSEMBLY TERRITORY OF UTAH SEVENTH ANNUAL SESSION, 1857-1858

COMPILED BY EVERETT L. COOLEY

INTRODUCTION

IN July 1857, the inhabitants of Utah, while celebrating their entry into the valley of the Great Salt Lake, received news that federal troops were enroute to Utah to quell a supposed Mormon rebellion against federal authority. The nearer the army approached Utah, greater grew the fervor of the Mormons to resist further maltreatment at the hands of gentiles*—be they armed mobs, state militias, or federal troops. Various schemes were planned, and a few effected, to prevent or at least delay the troops' entry into Utah Territory. Although the army did enter the territory, lack of supplies and severe winter weather prevented the troops from passing through the Wasatch Mountains into the centers of population.

Due to this mcmentous event in Utah history, variously known as "The Utah War," "The Coming of Johnston's Army," or "The Utah Expedition," many of the normal functions of church and state were severely curtailed. The Utahans were living under martial law, so their activities were closely supervised. Rather than peacefully submit to the domination by unfriendly forces, the leaders of the Mormon Church, who were in most cases also the elected officers of the territorial government, decided upon a scorched earth policy. At least this was their announced intent. Consequently, many families from the northern settlements were directed southward'—their ultimate destination they knew not where. Likewise, the only press in Utah— used to print the Deseret News—also was moved south. It was freighted to Fillmore and then farther south to Parowan, Iron County.

The seventh session of the territorial legislature met in the Social Hall in Salt Lake City on December 15, 1857. It was in session until January 22, 1858. Its final action was a joint resolution "Changing the Seat of Government . . . from Great Salt Lake City to Iron County, and the Legislative Assembly [will] hold its next annual session in the Tabernacle in Parowan, or such other suitable place as may be provided for that purpose, under the direction of the Legislative Council." The move never took place. Nevertheless, the general unrest and unsettled conditions prevented the publication of the laws passed at the seventh session, despite a resolution to the effect that the Acts, Resolutions and Memorials should be published "as soon as Practicable." They remained unpublished in the territorial and state archives until an edition was brought out in 1919 by the Shepard Book Company of Salt Lake City. Neither were the Journals published in 1858. In 1919 they were either not found or were considered of insufficient value to warrant their printing. Douglas McMurtrie writing in 1931 on early Utah printing said: "An examination of the bibliography will show that no titles of any kind are listed for 1858. That was a year of troubles for the Mormons .... There was no time or opportunity for other printing, even official. Thus the journals and the acts of the seventh legislative assembly remained in manuscript for many years. The acts were finally put into type in an edition printed in 1919."

In the collection of state records microfilmed by the Library of Congress and the University of North Carolina, the Journals, Minutes and Proceedings section for Utah is complete with the exception of the fifth annual session (1855-56) listed as "not found" and for the seventh annual session (1857-58) also listed as "not found."

When an inventory of vaults of the Utah Secretary of State was made in 1955, the unpublished copies of the "minutes" of the seventh session of the legislative assembly were uncovered. They consist of twenty-seven manuscript ledger-paper documents. They are now in custody of the the Utah State Archives, having been received from the Secretary of State. Their publication in the Utah Historical Quarterly constitutes the first printing of these territorial records. It was felt that they should be made available to scholars since they cover such an interesting period of Utah history and now complete the list of publications of the Utah Laws and Journals from 1852 to the present.

The reader's attention is directed to the sessions of the assembly. Separate meetings were the general rule, with only occasional joint sessions. However, after January 4, 1858, all actions of the legislative assembly were effected in joint session.

It is of interest to note the areas represented in the legislative assembly. Salt Lake County was known as Great Salt Lake County (until 1868), Sanpete was spelled San Pete (until 1862), and several counties were represented which have since vanished from Utah's map—Green River, Malad, Shambip, and Cedar. The very first act passed and approved in the seventh session disorganized Green River County and attached it to Great Salt Lake County "for election, revenue, and judicial purposes," and the representative apportioned to Green River was assigned to Great Salt Lake County. This action was taken for a very definite purpose. Practically all the inhabitants had been evacuated from Green River with the coming of the army, and with county government being discontinued and administration emanating from Salt Lake County, the gentiles (army personnel, terri- torial officers, and camp followers) would not be able to gain control of county affairs. However, the newly appointed governor, Alfred Cumming, holding forth near Camp Scott in the disorganized county, took immediate steps to re-establish county government without waiting for action by the Utah legislature. Cumming, finding that "the civil officers had abandoned their offices" commissioned David A. Burr as justice of the peace and William A. Carter as probate judge. Judge Eckles, recendy appointed chief justice of the Territorial Supreme Court, set up court in Green River, where he proceeded to swear oaths and take depositions against the Mormons.

The whole question of office holders during this disturbed period is a most thorny and confused one. The 1919 printing of the laws for the seventh session lists "Alfred Cummings" [sic] as governor. This, however, does not give a complete picture of the situation. For although Alfred Cumming was appointed governor on July 11, 1857, to fill the unexpired term of Brigham Young, the latter continued to serve in the capacity of governor until late spring of 1858. Alfred Cumming made his way to Green River County, Utah Territory, where he spent the winter of 1857-58 with the army near Fort Bridger. In the capital city, the de facto governor, Brigham Young, called the territorial legislature into session, addressed that body as the governor, and as governor approved the legislative enactments.

The position of territorial secretary was no less confused. This office was also "held" by two persons simultaneously. John Hartnett was appointed secretary August 6, 1857, with a reappointment on January 18, 1858. Meanwhile, William H. Hooper was officiating in the capacity of territorial secretary pro tem under an appointment of Governor Brigham Young. For the meeting of the seventh session of the legislative assembly, it was Hooper who performed the functions of secretary since John Hartnett did not come to Salt Lake until the summer of 1858. Considerable correspondence passed between Utah and Washington relative to the legality and the allowance of debts contracted by William Hooper acting as secretary.

In addition to the list of territorial and legislative officers, it was customary for the printed Journals to contain the message of the governor and such other documents submitted to the assembly upon its request. Both the sixth and the eighth session Journals contain the governor's message as well as other requested documents. However, the unpublished "minutes" do not include such items. Nevertheless, the message, pertinent correspondence, and related documents have been preserved for us since they were published in the Deseret News, copied into an Executive Record book, and copies made for the files of the Territorial Militia. These are available in the Utah State Historical Society. The message and one report are included in this printing of the Journal to make it as nearly complete as others of the period.

The contents of the Journals need but very little explanation; however, additional information is available regarding some actions by the legislative assembly. At the first meeting of the House on December 14, Mr. John P. Barnard's right to a seat was challenged. The matter was referred to the Committee on Elections. On Monday, December 21, the committee reported back that "he [John P. Barnard] has withdrawn his claim." A search has failed to uncover any information which could suggest reasons for Mr. Barnard's withdrawing his claim to the seat. However, a document was found which gives Mr. Barnard a strong claim to the seat he forfeited.

Among the executive records of Utah Territory appears the following certificate of election:

Bro. Hooper

At an election held in Malad County on Monday, Augt 3rd, 1857, John P. Barnard Senr was elected representative for Malad Co by a Majority of Eleven Votes not knowing but that two Councilors had also to be Elected I have defered Sending the report untill this time.

Malad Valley Augt. 28th 1857

/s/ James Frodsham Clerk Malad Co

I certify that the above is a true copy of the original now on file in my office

/s/ James Frodsham County Clerk Malad Co

A similar document of August 6, 1857 certifying the election of John M. Bernhisel for delegate to Congress contains one phrase which seems to indicate that Mr. Barnard had all die votes cast in Malad County. Bernhisel's certificate says he was elected by eleven votes, and that he was elected without opposition. Barnard received the identical number of votes. Nevertheless, he was denied his seat and Johnathan C. Wright represented Malad County in the seventh session. John P. Barnard was, however, elected to the probate judgeship of the county. His holding this position would not have prevented his also becoming a member of the assembly. Several assembly members were simultaneously probate judges in their respective counties.

A few acts of the legislative assembly are worthy of special consideration. Joint Session Folio Number Thirteen, passed January 18, 1858, is one of these. This act repealed all territorial taxes. One can only guess at the motives which prompted such action. For the Mormons knew the executive and legal branches of their territorial government were about to pass into the hands of gentile officials now encamped with the army outside the capital gates. Could this be a means of preventing these officials from gaining control of the purse strings? It appears that this might be the possible explanation. The work normally carried out through tax funds was now to be accomplished by other methods. This was made known to, and agreed to, by some of the Utahans meeting in the tabernacle in Salt Lake City on Tuesday, January 19, 1858. The proceedings were recorded by one of the members of the legislative assembly and a participant at the tabernacle gathering, Hosea Stout. Following the gathering he wrote, "The territorial tax being abolished all public works was to be done on labor tithing and under control of the Bishops."

The next act passed by the assembly also merits attention. Joint Session Folio Number Fourteen was an act entitled "Concerning appointees to office." Again with the gentile officials encamped near Fort Bridger in mind, the assembly passed this act. It required that all civil officers appointed for Utah Territory by the President must "take an oath or affirmation, before some Judge of Probate of this Territory, who may at the time be duly commissioned or qualified, to support the Constitution of the United States and the laws of this Territory . . . ." Since the probate judge was elected to office by die territorial legislative assembly, office seekers must now take their oaths before Mormon judges. This was clearly intended to disqualify the newly appointed territorial officers and also prevent such action as that of Governor Cumming when he appointed gentile officers to fill vacancies in Green River County.

The next act approved by the assembly (J.S.F. No. 15) is also worthy of note. It was one which amended an act of February 10, 1851 passed by the legislature of the State of Deseret. By this revision of the earlier law, control of the manufacture and sale of "ardent spirits" was made to remain in the hands of the same personage if not the same office. The words "Trustee in Trust of the Church of Jesus Christ of Latter-day Saints" were substituted for the one word "Governor," which appeared in the first act. The revision was obviously designed to prevent control of this commodity from passing to the gentiles.

One of the final actions of the legislative assembly was one changing the seat of government to Iron County, thus removing it beyond the reach of the invading army. The feeling of the legislators must have been summarized in the words of Hosea Stout when he moved for adjournment. His final journal entry concerning the legislative session was, "Thus ends the Seventh Session of Utah's Legislature. What will be the Eighth and under what circumstances?"

JOURNALS of the LEGISLATIVE ASSEMBLY of the TERRITORY OF UTAH during the SEVENTH ANNUAL SESSION for the years 1857-58 at GREAT SALT LAKE CITY

MEMBERS OF THE COUNCIL Box Elder, Cache, Malad, and Weber Counties Lorenzo Snow, Lorin Farr.

Beaver and Millard Counties Lewis Branson.

Davis County Joseph Holbrook.

Great Salt Lake, Tooele, and Shambip Counties Heber C. Kimball, Daniel H. Wells, Albert Carrington, F. D. Richards, Wilford Woodruff.

Iron and Washington Counties George A. Smith.

Juab and San Pete Counties Warren S. Snow.

Utah and Cedar Counties Benjamin F. Johnson, Leonard E. Harrington.

MEMBERS OF THE HOUSE

Box Elder, Cache, and Malad Counties Johnathan C. Wright.

Davis County John D. Parker,Reddick N. Allred.

Great Salt Lake County John Taylor, W. W. Phelps, A. P. Rockwood, J. C. Little, Daniel Spencer, Alexander McRae, Orson Hyde, J. W. Cummings, Hosea Stout, S. W. Richards. Joseph A, Young, H. B. Clawson.

Green River County Isaac Bullock.

Iron and Washington Counties Isaac C. Haight, John D. Lee.

Juab County Jacob G. Bigler.

Millard and Beaver Counties P. T. Farnsworth.

San Pete County George Peacock.

Shambip and Tooele Counties John Rowberry.

Utah and Cedar Counties Aaron Johnson, James C. Snow, Preston Thomas.

Weber County Chauncy W. West.

Monday, December 14, 1857.

COUNCIL

Council Chamber, Social Hall, Great Salt Lake City, Utah Territory, Monday, December 14, 1857. 10 a.m.

The Council met and organized by electing:

Hon. H. C. Kimball, President of the Council, Geo. Hawkins, Secretary, John T. Caine, Assistant Secretary, Geo. D. Grant, Sergeant-at-Arms, Samuel S. Sprague, Messenger, John Sharp, Foreman, Cyrus H. Wheelock, Chaplain.

All the members present were then severally sworn by the Secretary of the Territory, Hon. Win. Hooper.

All the officers present were sworn by the President of the Council.

The Council, being fully organized, was opened by prayer by the President.

On motion of Councilor Geo. A. Smith, a message was sent to the House of Representatives notifying them that the Council was organized and ready for business.

Hons. Orson Hyde and J. C. Little appeared as a committee from the House, acknowledging the receipt of the message from the Council, and announcing that the House was also organized and ready to proceed to business.

At 34 P ast 11 a - m - the following message was received from the House:

11 a.m.

"The House have appointed Messrs. Orson Hyde and J. C. Little a committee, with a similar committee from the Council, to wait upon His Excellency the Governor, and inform him that the Assembly are organized and ready to receive any communication he may have to present."

Whereupon the Hons. D. H. Wells and Albert Carrington were appointed a committee to confer with the House Committee to wait upon His Excellency the Governor, and a message was sent to the House notifying them of said appointment.

The Committee from the House having appeared, the Committee from the Council retired with them for conference.

The Committee returned and announced that His Excellency would meet with the Assembly tomorrow at 10 a.m. and recommended that when the Council adjourn it be to that time to meet in Joint Session.

The President then appointed the following Standing Committees :

On Printing—Albert Carrington. On Military—Daniel H. Wells and Franklin D.

Richards. On Elections Geo. A. Smith and Wilford Woodruff. On Claims—Wilford Woodruff, Leonard E. Harrington, Benj. F. Johnson. On Judiciary—D. H. Wells, Geo. A. Smith, Lorenzo Snow and Albert Carrington. On Public Works-Joseph Holbrook, Lorin Farr. On Incorporations—Geo. A. Smith, Lewis Brunson, and Lorin Farr. On Roads, Bridges and Ferries—Wilford Woodruff, Joseph Holbrook, Warren S. Snow. On Education—Albert Carrington, Franklin D.

Richards and Lorenzo Snow. On Library—Daniel H. Wells, Lorin Farr. On Engrossing-—Albert Carrington and Lorenzo

Snow. On Petitions—Geo. A. Smith and Leonard E.

Harrington.

On Agriculture, Trade and Manufactures—Albert Carrington, Wilford Woodruff, Geo. A. Smith, Joseph Holbrook and Lewis Brunson.

On Revenue—Daniel H. Wells, Lorenzo Snow and Lorin Farr.

On Counties—B. F. Johnson, Leonard E. Harrington, Warren S. Snow.

On Herding and Herd Grounds—Warren S. Snow, B. F. Johnson, and Lorin Farr.

On Territorial Affairs—D. H. Wells, Geo. A. Smith, W. Woodruff, A. Carrington and Joseph Holbrook.

On motion of Councilor Farr, the House concurring, one hundred copies of the names of members, officers and standing committees, were ordered to be printed for the use of the Assembly.

On motion of Councilor F. D. Richards, the Secretary of the Territory was requested to furnish each member and officer of the Council with a copy of the Laws and Journals of last session. The minutes being called for, were read and accepted. On motion of Councilor Geo. A. Smith, the Council adjourned to meet in Joint Session in the Representatives Hall at 10 a.m. tomorrow.

Benediction by Hon. D. H. Wells,

HOUSE

Representatives' Hall

Pursuant to law the members elect from the various counties of the Territory assembled in the Social Hall, in Great Salt Lake City, Great Salt Lake County, on Monday the 14th December, 1857, at 10 a.m.

The Secretary of the Territory, Hon. W. H. Hooper, called the members elect from the various counties, who having produced satisfactory credentials, were duly sworn by J. W. Cummings, Esq., and took their seats,

The House then proceeded to organize by electing the following officers:

John Taylor, Speaker, James Ferguson, Chief Clerk, Patrick Lynch, Assistant Clerk, William H. Kimball, Sergeant-at-Arms,

Brigham Young, Jr., Messenger, William Derr, Foreman, Jesse Haven, Chaplain, who were also duly sworn by J. W. Cummings, Esq.

On motion of Mr. Rockwood, Messrs. Hyde and Little were appointed a committee to wait on the Council and inform them that the House was organized and ready for business.

On motion of Mr. Rockwood, a Committee was appointed to confer with a similar committee from the Council to wait upon His Excellency the Governor and inform him that the Assembly was organized and prepared to receive any communication he may have to present; whereupon the Speaker appointed Messrs. Hyde and Little said Committee.

Mr. Barnard having presented himself as a member elect from Malad County, on motion of Mr. Rockwood, the question of his election was referred to the Committee on Elections, when appointed. The following messages were received from the Council: "I have the honor to inform you that the Council is organized and ready for business."

"The Hons. D. H. Wells and A. Carrington have been appointed by the Council a committee to confer with your committee and wait upon His Excellency the Governor and inform him of the organization of the Assembly, and that they are now ready to receive any communication he may have to present."

The Committee, appointed to wait upon the Governor, reported that it would be the wish of His Excellency to meet the two Houses in Joint Session in the Representatives Hall, tomorrow at 10 a.m. to receive his message. Minutes read and accepted. On motion of Mr. Phelps, adjourned to meet in Joint

Session tomorrow at 10 a.m. Benediction by the Chaplain.

Tuesday, December 15, 1857.

COUNCIL

Council Chamber, Social Hall, Great Salt Lake City, December 15, 1857.

Upon dissolution of Joint Session the Council convened in their chamber.

Councilor Wells then administered the customary oath to Cyrus H. Wheelock, Chaplain elect.

On motion of Councilor Wells, the Council adjourned till tomorrow at 10 a.m.

Benediction by Chaplain.

HOUSE

Representatives' Hall, Tuesday, December 15, 1857,

\y 2 p.m.

The House met pursuant to adjournment from Joint Session. Quorum present. On motion of Mr. Phelps, adjourned till tomorrow 10 a.m. Benediction by Chaplain.

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